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A Dublin barber has been ordered to pay €5,000 to a transgender male after he was found to have discriminated against him when refusing to give him ‘a short back and sides’.

The transgender male, Lee McLoughlin told the Workplace Relations Commission (WRC) that when he sat down to have his hair cut at Charlies Barbers on September 24th last, the barber, mistakenly believing he was a woman, replied "I don’t cut ladies' hair".

Mr McLoughlin told the barber that he just wanted a "short back and sides" and the barber replied ‘We don’t cut ladies hair. I’m sorry".

Mr McLoughlin said that he then informed the barber that he was transgender and a trans man.

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He alleged that the barber proceeded to shake his head and stated, "I am sorry, we can’t cut ladies hair. It’s a contract that we have with another hairdresser around the corner, so if we cut a woman’s hair we will be fined."

Mr McLoughlin had arrived at the busy barbers at 1.05pm and proceeded to take a seat with a number of other men queuing and waited 25 minutes before it was his turn.

Mr McLoughlin told the WRC hearing that the comments by the barber were uttered in front of a number of customers and caused huge embarrassment and distress to him and he left the premises "in shock".

Mr McLoughlin said that the incident has greatly affected him and caused him stress, shame and embarrassment.

Mr McLoughlin was claiming that he was discriminated under the Equal Status Act by Charlies Barbers on the grounds of gender when he was refused a haircut at the barbers.

The WRC has now upheld his claim with Adjudication Officer, Gerard McMahon ordering the respondent in the case, Paula Smith of Charlies Barbers to pay out €5,000 to Mr McLoughlin.

Mr McMahon concluded: “On the balance of the evidence presented...I conclude that the complainant was treated differently, because he was transgender when he was refused a haircut by the respondent. This amounts to discrimination on the grounds of gender.”

When questioned at the WRC hearing as to what might have led the barber to take the stance that he did, Mr McLoughlin responded that he was ‘not sure’ as he ‘was dressed as a male’ and ‘was trying my best to appear male’.

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The barbers also told the WRC that the barber in question when starting his job was instructed that the business lease prohibited the barbers from cutting women’s hair.

The barbers stated that the barber in question did not mean to offend Mr McLoughlin and believed that he was performing his role correctly and protecting his employer.

Solicitors for the barbers contended that a "one-off mistake" does not amount to discrimination.

The barbers stated that it has put in place a policy to prevent a similar incident from happening again.

The barber told the hearing that it did “not intend to treat the complainant in a less favourable manner, as he would treat all women in the same manner. That is, his misunderstanding or misperception of the gender identity of the complainant was an honest belief”.

Charlie Barbers and solicitor for Mr McLoughlin have been contacted to see if they wish to comment on the outcome of the case.